Incapacity Benefit & Occupational Pension

[MIKEY DABODEE]

2.5.1 Entitlement to Incapacity Benefit prior to 6 April 2001

 

Where a person has been continuously entitled to Incapacity Benefit since prior to 6 April 2001, pension payments will not affect Incapacity Benefit entitlement. If the claim is broken but the person later re-qualifies for Incapacity Benefit, pension payments can still be ignored if the periods of incapacity can be linked.

 

I dont think your pension will be taken into account against your ESA, if you go accross to ESA and are accepted you should receive the same benefit because you have transitional protection to April 2020 if you remain on ESA....

 

Also just found this for ESA conts people who claim is to close after 365 days

 

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

Edited April 25, 2012 by MIKEY DABODEE

[MIKEY DABODEE]

yes if you are put in the WRAG then you will be subject to the 12 month rules....

but you should hopefully not go in there

 

here are the rules for pensions

 

Pensions prior to conversion

45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded1 where

 

1. the claimant was entitled to IB immediately before conversion to ESA and

2. IB was not reduced by a pension or PPF payment2 because

2.1 the claimant was entitled to DLA care component at the highest rate3 or

2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or

2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW

which began before and continues after that date5

 

iro of your case but this may change

[MIKEY DABODEE]

I know its a pain, on IS you have to supply proof of pension every April even if there is no change...

 

the rules quoted for Pensions over £85 are for new claimants to ESA

and not for the OP

 

and yes you are different because you made your claim in 2007 and if you are put in the WRAG group after 12 months the above rule would apply

Edited April 25, 2012 by MIKEY DABODEE

[MIKEY DABODEE]

Hi I found this through Googling, as I am having trouble finding details about being transferred from IB to ESA. I have an OCCP and the job centre have deducted part of my pension quoting that any income is not disregarded. I have spoken to several different people and been told the same thing. I have received IB since before 2001.

 

Is there anything I can quote to them? Getting very frustrated and just want to know what is correct.

 

If you claimed before April 2001 then your pension will be disregarded on ESA.

You should receive the same ESA as your current rate of IB, if you pass the medical of course

Pensions prior to conversion

45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded1 where

 

1. the claimant was entitled to IB immediately before conversion to ESA and

2. IB was not reduced by a pension or PPF payment2 because

2.1 the claimant was entitled to DLA care component at the highest rate3 or

2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or

2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW

which began before and continues after that date5

 

rules with the DMG number so you can quote them if needed.